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By ApronPrep Compliance Team|Reviewed by Sarah Chen, Food Safety Specialist|Verified April 2026
97Form Fields

Analyzed from Employer's Annual Federal Unemployment Tax Return

81Auto-Filled

84% from one compliance interview

16Need Attention

Manual entry or document upload required

157+Cities Analyzed
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Why You Need an Employer's Annual Federal Unemployment Tax Return

The Employer's Annual Federal Unemployment Tax Return (Form 940) is a non-negotiable federal filing mandated by the Internal Revenue Code (Title 26), specifically Section 3301, which authorizes the Federal Unemployment Tax Act (FUTA). This is a federal requirement administered by the Internal Revenue Service (IRS), not the state or city of Spokane. It funds unemployment benefits for former employees and is separate from your Washington state unemployment tax (SUTA) reporting. All employers who paid wages of $1,500 or more in any calendar quarter, or had one or more employees for at least some part of a day in any 20 or more different weeks in a year, are legally obligated to file this return.

Non-compliance triggers a cascade of penalties and operational risks that directly threaten your business's financial health and legal standing. Based on the IRS's penalty schedule, the consequences include:

  • Failure-to-file penalty: 5% of the unpaid tax due for each month the return is late, up to a maximum of 25%.
  • Failure-to-pay penalty: 0.5% of the unpaid tax for each month it remains unpaid, plus interest charges that accrue on the total balance.
  • Operational & financial risk: While not a direct 'cease-and-desist,' an unresolved tax debt can lead to federal tax liens, levies on your business bank accounts, and garnishment of receivables, effectively crippling cash flow. It can also jeopardize business loan applications and complicate lease renewals if your financial standing is questioned.
  • Legal exposure: In cases of willful evasion or fraud, the IRS can pursue criminal prosecution, resulting in substantial fines and potential imprisonment.

Legal code: Internal Revenue Code (Title 26)

Failure-to-file penalties (5%/month up to 25%), failure-to-pay (0.5%/month), interest on unpaid taxes, criminal prosecution for fraud/evasion

Recent update: For the 2026 tax year, the IRS has mandated that all Form 940 filings be submitted electronically if you are required to file 10 or more information returns (a threshold that includes forms like W-2s and 1099s), eliminating the paper-filing option for most businesses.

Who Needs a Employer's Annual Federal Unemployment Tax Return?

TypeRequiredNotes
Restaurant (Full-Service)RequiredRequired if you paid wages of $1,500 or more in any calendar quarter in 2026 or had at least one employee for 20 weeks, per IRS Publication 15 (Circular E).
Bar / NightclubRequiredRequired, as bars and nightclubs are subject to Federal Unemployment Tax Act (FUTA) liability under the same IRS employee and wage thresholds as other employers.
Food TruckRequiredRequired, as the FUTA liability is based on payroll, not physical location; mobile food services are not exempt from federal unemployment taxes.
Coffee Shop / CaféRequiredRequired if you meet the standard FUTA thresholds for employees and wages, as there is no specific exemption for beverage service establishments.
12 more establishment types

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Field-by-Field Guide (97 Fields)

81 of 97 auto-filled

Q2 Tax Liability - Dollars (Line 16b)

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Auto-filled from compliance interview

Enter the total FUTA tax liability in dollars for the second quarter (April, May, June) from your quarterly Form 940-V or deposit records, before any credits or payments.

COMMON MISTAKE: Entering the total year-to-date liability instead of the specific Q2 amount, which creates a mismatch with your payments and triggers an IRS notice.

High rejection risk

Q2 Tax Liability - Cents (Line 16b)

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Auto-filled from compliance interview

Enter the cents portion of your Q2 FUTA tax liability. If the amount is a whole dollar, enter '00'.

COMMON MISTAKE: Leaving this field blank when the dollar amount is a whole number, causing a calculation error on the IRS's automated review.

High rejection risk

Q3 Tax Liability - Dollars (Line 16c)

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Auto-filled from compliance interview

Enter the total FUTA tax liability in dollars for the third quarter (July, August, September) from your deposit records.

COMMON MISTAKE: Mistakenly entering the cumulative liability from the first day of the year, which overstates the Q3 obligation and leads to a balance due notice.

High rejection risk

Q3 Tax Liability - Cents (Line 16c)

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Auto-filled from compliance interview

Enter the cents portion of your Q3 FUTA tax liability.

COMMON MISTAKE: Copying the cents value from Q2, which creates an internal inconsistency and flags the return for manual review.

High rejection risk

Q4 Tax Liability - Dollars (Line 16d)

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Auto-filled from compliance interview

Enter the total FUTA tax liability in dollars for the fourth quarter (October, November, December). This is often the quarter where you reconcile your total annual liability.

COMMON MISTAKE: Forgetting to add the Q4 liability if your tax exceeded $500 for the quarter, resulting in an underpayment penalty.

High rejection risk

Q4 Tax Liability - Cents (Line 16d)

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Auto-filled from compliance interview

Enter the cents portion of your Q4 FUTA tax liability.

Other Third Party Filer

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Auto-filled from compliance interview

Check this box only if you are a third-party payer (like a payroll service) filing this return on behalf of the employer, but you are NOT a CPEO or a Section 3504 Agent.

COMMON MISTAKE: An employer incorrectly checking this box when they are filing their own return, which misrepresents the filer's authority and can delay processing.

High rejection risk

Certified Professional Employer Organization

checkbox
Auto-filled from compliance interview

Check this box only if you are a Certified Professional Employer Organization (CPEO) filing a combined return for all client employers under your certification.

COMMON MISTAKE: A regular PEO (not certified by the IRS) checking this box, which is an incorrect declaration and violates the specific filing requirements for CPEOs.

High rejection risk

Section 3504 Agent

checkbox
Auto-filled from compliance interview

Check this box if you are an agent authorized under IRS Section 3504 to perform the employer's tax duties, and you have the proper documentation on file.

COMMON MISTAKE: Checking this box without a formal Section 3504 agreement in place, which invalidates the filing authority and shifts liability back to the employer.

High rejection risk

Account Type: Checking (Line 15d)

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Auto-filled from compliance interview

Check this box to designate the bank account provided for a refund (if applicable) as a checking account.

COMMON MISTAKE: Checking both 'Checking' and 'Savings' for the same account, which creates contradictory instructions for the IRS and will delay any refund.

87 more fields in this form

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Top 5 Employer's Annual Federal Unemployment Tax Return Mistakes

1

1. Using an Incorrect Federal Employer Identification Number (EIN)

Entering a Social Security Number, a revoked EIN, or a state UBI number on Form 940 instead of the valid, current EIN assigned to your business by the IRS. This mismatch prevents the IRS from properly crediting your tax payments, which triggers a CP210 notice (Notice of Incorrect Filing) and can lead to penalty assessments for unpaid taxes. Double-check your official IRS EIN confirmation letter (CP 575) or a prior year's accepted Form 940—entering the wrong identifier adds 4-8 weeks to resolve the discrepancy.

2

2. Misreporting Wages Subject to FUTA Tax

Failing to exclude payments that are exempt from FUTA, such as dependent care benefits, group-term life insurance over $50,000, or certain employee benefit plan contributions, or incorrectly including wages paid to employees in other states. This results in an overpayment or underpayment of tax. For example, entering $500,000 in total wages without excluding $20,000 in exempt benefits causes you to overpay by $120 (6.0% of $20,000). Based on ApronPrep's analysis of applications, this is the most common calculation error and often leads to amended filings and delayed refunds.

3

3. Making Math Errors in Part 2 (FUTA Tax Computation)

Incorrectly applying the 0.6% credit reduction rate (if applicable), miscalculating the wage base limit per employee ($7,000 for 2026), or adding figures incorrectly when totaling taxable wages. A simple addition error can cause a mismatch with your quarterly deposits, which the IRS system will flag automatically. For instance, if you pay $10,000 to one employee but report $9,500 in taxable wages, you underpay your tax by $3 (0.6% of $500). Such errors generate a math error notice (CP 12) and can delay processing by 2-3 weeks while the IRS corrects it.

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Employer's Annual Federal Unemployment Tax Return by City in Washington

CityFee RangeTimeline
Seattle
Spokane
Tacoma

Timeline: Varies (Preparation is 80% of the work)

1

Gather Quarterly FUTA Information

Compile your IRS Form 940 for the tax year, as the annual FUTA return is a reconciliation. You'll need your detailed quarterly Form 940 filings, total wages paid, and the total amount of state unemployment taxes (SUTA) you paid to Washington's Employment Security Department. Without this data, you cannot accurately complete Schedule A (Form 940). Most delays happen here when quarterly records are incomplete.

2-4 hours
2

Calculate Final FUTA Liability

Using your annual wage data, calculate your final FUTA tax due. Remember, FUTA tax is only on the first $7,000 paid to each employee annually at a rate of 6.0%, but you receive a credit of up to 5.4% for timely SUTA payments. This step involves verifying that all SUTA payments to Washington state are accounted for to maximize your credit and avoid overpayment. The calculation is done directly on Form 940.

1-2 hours
3

Complete and File IRS Form 940

Fill out the annual Form 940 ('Employer's Annual Federal Unemployment Tax Return') for the tax year. This is the actual FUTA return. You must file this form with the IRS, not with Washington state. It can be filed electronically via the IRS's FIRE system or by mail. Ensure your Employer Identification Number (EIN) and business name exactly match your IRS records. The most common rejection reason is mismatched EIN data.

1 day (for filing)
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Other Requirements You'll Need

This is one of 13 requirements for opening a restaurant in Washington.

FAQ

Processing times for the Employer’s Annual Federal Unemployment Tax Return (Form 940) vary significantly. While e-filing with the IRS provides a near-instant submission receipt, the official completion of your annual tax account is part of the IRS’s standard annual processing cycle. The timeline is independent of your location in Spokane; contact the IRS or your tax professional for current year-end processing estimates, as they are not determined by local authorities.

There is no government filing fee to submit Form 940 to the IRS. However, you must pay the calculated Federal Unemployment Tax Act (FUTA) tax liability itself, which is a separate financial obligation. This tax payment is often processed through the EFTPS Enrollment (Electronic Federal Tax Payment System). Not legal advice — verify specific tax amounts with the IRS or a qualified tax advisor.

No, a federal unemployment tax account and its annual return (Form 940) are tied to your Employer Identification Number (EIN), not a physical location. If you move your business, you must update your address with the IRS using Form 8822-B. This is a separate step from your state-level obligations, such as updating your City Business License/Registration with the City of Spokane.

Form 940 is filed annually, covering the calendar year (January 1 – December 31). It is not a permit that is 'renewed'; it is a yearly tax return that must be filed by January 31 of the following year, or the next business day if that date falls on a weekend or holiday. This annual filing is a core federal requirement, distinct from other periodic filings like your state's Annual Report Filing.

There is no physical inspection for Form 940. Compliance is verified through a financial audit of your payroll records by the IRS. During an audit, agents will review your quarterly wage reports (Forms 941), state unemployment tax filings, and payroll registers to verify the wages you reported and the FUTA tax you calculated. Maintaining accurate records, including those for your Application for Employer Identification Number, is critical for this process.

About This Data

This guide is generated from ApronPrep's compliance dossier system, which uses 53 parallel AI authority experts to discover requirements, then downloads actual forms and generates field-level intelligence for each one.

For Washington specifically, we have analyzed compliance dossiers for 3 cities (Seattle, Spokane, Tacoma), generating Rich FILs (Form Intelligence Layers) with 97 form fields analyzed for this requirement. Fee data is sourced from actual county department fee schedules, not estimates.

Our data is verified against official government sources and updated when regulatory changes are detected. If you find an error, please report it — accuracy is our core commitment.

157+Cities analyzed
9,849Requirements tracked
8,415Forms analyzed
433,000Fields classified

Sources

  • Internal Revenue Code (Title 26)
How we verify data

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